Terms of Service
Last Updated: September 23rd, 2024
HappyHour Services Inc. (known as “Pilot”, “HappyHour”, “us”, “we”) owns and operates certain technology including, without limitation, the website operated at pilotplans.com and such other locations as made available from time to time (collectively, the “Website”), mobile applications available for download to Android, iPhones and other supported Platforms (the “App”), and other products and services which may be offered from time to time (collectively, the “Services”).
By accessing or using the Services, you confirm that you are 18 years of age or older, have read, understand, and agree to be bound by these Terms of Service and agree that these Terms of Service form a binding agreement between you and us, with respect to the Services, and your use of them.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OR USE OF THE SERVICES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE, WHICH USE INCLUDES YOUR CONTINUING TO MAKE AVAILABLE YOUR CONTENT ON THE SERVICES, AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. IF YOU DO NOT AGREE TO ABIDE BY THIS OR ANY FUTURE VERSION OF THE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.
1. Legal Information
- Legal Name: HappyHour Services Inc.
- Doing Business As: Pilot
- Director/Founder: Connor Wilson
- Company Phone Number: +17789956511 (SMS only)
- Company Email: crew@pilotplans.com
- Website: pilotplans.com
- Business Address: 703-1988 Wylie Street, Vancouver, BC, Canada, V5Y 0N4
- Age Restrictions: 18+
2. User Accounts
- Account Creation: Users can create an account at sign-up page.
- Account Deletion: Users can delete their accounts, including any personally identifiable data, by following the instructions on the settings page.
- A “User” is defined in these terms of service as anyone with an account registered with Pilot.
- A “website visitor” is anyone who visits any websites owned by Pilot, including, but not limited to, pilotplans.com.
3. Services Overview
Pilot is a Collaborative Travel Hub designed for travel discovery, planning, and booking. To provide this service, our platform gathers and stores user data, which may be enriched with third-party sources such as Facebook, Google, Apple accounts or other API providers.
4. Pricing and Taxes
- Inclusions and Exclusions: Prices include vendor-provided rates and applicable taxes. Local taxes due on arrival may not be covered in the purchase.
- Local Taxes: Users are liable for any local taxes due at the destination if not already included in their purchase with us.
- Detailed Pricing: All taxes and pricing breakdowns will be detailed on the purchase pages for all bookings before bookings are made.
5. Booking Policies
- Authorization: Users must be authorized to make bookings on behalf of all persons named in the booking. For minors under 18, the booking must be authorized by their parent or guardian.
- Confirmation: By making a booking, users confirm that all persons named accept the Terms and Conditions and are informed about the confirmation details and any other relevant information.
- “Travel Provider” refers to the travel supplier making available the Travel Services to you through our Service.
- Booking intermediary service: Pilot acts as a booking intermediary service for the Travel Provider and is not liable for any acts or omissions of such independent businesses, including, but not limited to, any losses or delays caused by the performance of services provided by Travel Providers, such as, for example, flight delays or cancellations. On making your booking request you authorize us to facilitate the booking on your behalf, including making payment arrangements with Travel Providers.
- Upon receipt of a booking confirmation from Pilot, a legally binding agreement is formed between you and the Travel Provider (e.g. the Hotel, activity, airline, etc.), subject to any additional terms and conditions of the Travel Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Pilot will collect all possible and applicable fees at the time of the booking request or upon the Travel Provider’s confirmation pursuant to the Payments Terms. For certain bookings, users may be required to pay or have the option to pay in multiple installments.
- You agree to leave any booked Accommodation, Experience, Transportation or any other bookable purchase on Pilot no later than the checkout time that the Travel Provider specifies in the Listing or such other time as mutually agreed upon between you and Travel Provider. If you stay past the agreed upon checkout time without the Travel Provider’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Travel Provider is entitled to make you leave in a manner consistent with applicable law.
- Travel providers may charge additional fees in accordance with their own fee schedule and local laws or industry standards and you authorize Pilot (via Stripe Payments, or whatever other payment system your payment information with Pilot is stored with) to charge you to collect any of these fees.
- If you book anything on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Travel Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Travel Provider. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Travel Provider Service if accompanied by an adult who is responsible for them.
- Group bookings: You may not book more than 8 rooms through our Service for the same property for the same stay dates. If you book more than 8 rooms in separate bookings, we may cancel your bookings. We may also charge you a cancellation fee and if you paid a non-refundable deposit, such deposit may be forfeited. If you want to book more than 8 rooms then please contact us and we can do this manually for you. You may be asked to sign a written contract or pay a non-refundable deposit.
6. Payment and Refund Policies
- Payment: Payments are processed through third-party services such as Stripe. By providing your payment information, you authorize us to charge your account for the total amount due, including for any “buy now, pay later” payment schedules if offered by Pilot to you.
- Refunds: Any purchases are by default non-refundable except if stated otherwise. Most bookable purchase options will include a specific refund policy provided to us by the vendor we work with to provide that booking option, which, if listed, will supersede this non-refundable policy.
- Deposit Handling: We may hold customer deposits until the date of booking, at which point suppliers and vendors providing the booking will be paid by us.
7. Cancellation and No-Show Policies
- Cancellation Fees: Detailed information on cancellation, modification, and name change fees will be provided at the time of booking.
- No-Show Penalties: Consequences of no-shows at the accommodation establishment will be detailed at the time of booking.
- In certain circumstances, Pilot may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth (i) where Pilot believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Pilot, other users, third parties or property, or (ii) for any of the reasons set out in these Terms.
8. Travel Documentation
Users must have current personal and family documentation (e.g., passports or national identity documents) as required by the countries visited. Users are responsible for determining what travel documentation is required for travel, and Pilot is not liable for any damages resulting from any user’s travel documentation if found to be inadequate.
9. Additional Services
- Extra Services: Any additional services (e.g., special meals, extra beds) and their costs will be detailed at the time of booking.
- Service Vouchers: Vouchers will include details of the reservation and payment information with the statement "Payable through Pilot acting as Service Provider for the Travel Provider."
10. Liability and Disclaimers
- General Liability: Pilot is not liable for any loss, injury, or inconvenience resulting from the use of our services or any purchases or bookings made through them.
- Third-Party Services: Pilot is not responsible for the actions, errors, or omissions of third-party providers (including but not limited to: airlines, hotels, social media companies, travel insurers, tour guides, and others). Users should address claims directly to the service provider.
- User-Generated Content: Users grant Pilot a perpetual license to use, display, and distribute content submitted to the platform. Pilot is not liable for any damages resulting from user-generated content.
- Cloud Hosting: Pilot hosts data with Amazon Web Services and Google Cloud Platform, and may, at its sole discretion, host data with different or additional cloud computing providers in the future. The user recognizes that it is out of Pilot’s control to prevent any issues or breaches on these platforms and that Pilot is not liable for any damages or inconveniences resulting from any such instances.
11. Intellectual Property
- Rights: All content created using Pilot or on Pilot is the intellectual property of Pilot, including source code, trade secrets, trademarks, copyrights, and brand assets. This includes all content published to pilotplans.com and Pilot’s various public brand assets (such as social media accounts) by Pilot or an authorized agent.
- User Obligations: Users must not use Pilot's intellectual property, or the intellectual property of any Travel Service Providers accessed through Pilot, without authorization.
- User Submissions: Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively “Submissions”) provided by you to us are non-confidential and shall become the sole property of HappyHour Services Inc. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Copyrights: “Pilot”, “HappyHour”, the Pilot logo and design, and any trademarks used by HappyHour Services Inc. are proprietary. The Marks may not be used without our prior written permission.
12. User Conduct
- Behavior: Users must adhere to community guidelines, avoid spamming, and respect others. Violation of these rules may result in account termination. Any behavior considered illegal in the country it occurs related to or suspected of users in relation to their use of Pilot, or occurring on Pilot may be, at Pilot’s sole discretion, subject to account termination without refund.
- Misconduct: Users who engage in serious misconduct, including but not limited to harassment, fraud, or illegal activities, may face account termination and potential legal action. Users agree to indemnify us against any claims arising from their misconduct.
Additionally, without restricting anything else in these Terms of Service, you agree not to:
- Alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Service Content.
- Reverse engineer, decompile, disassemble, translate or otherwise attempt to extract the source code from the Services or Service Content.
- Make the Services or Service Content available to anyone, or permit anyone to access the same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service.
- Republish any Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission.
- Use any data mining, robot, or similar data gathering or extraction methods.
- Register for more than one User Account, register for a User Account on behalf of another individual or entity without authorization.
- Impersonate any person or entity, or falsely state or misrepresent yourself, your age, or your affiliation.
- Upload, post, transmit, share, or otherwise make available any User Content that:some text
- Consists of unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
- Contains private information of any third party without consent.
- Is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
- Contains viruses or any other computer code designed to interrupt, destroy or limit the functionality of any software or hardware.
- Would constitute, encourage or provide instructions for a criminal offense or violate any law.
- Disable or circumvent any access control or related process, or attempt to gain unauthorized access to the Services or Service Content.
- Remove any copyright or other proprietary notices on or in the Services or Service Content.
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for unlawful purposes.
- Use the Services to “stalk”, intimidate, harm, or harass another User or person.
- Violate any applicable local, provincial, state, national or international law.
- Access the Services to build a competitive product or service or to copy any features, functions, or graphics.
- Utilize the Services in any way except as expressly permitted, including developing or using any software tool or application that interfaces with the Services or the Website.
- Interfere with or disrupt the Services or Service Content (including servers, networks, or technology connected to the Service).
- Use or attempt to use another's User Account without authorization.
As a website visitor, you further agree not to:
- Solicit personally identifying information from any person for commercial purposes.
- Use any Service Content or User Content for commercial purposes.
Nudity and Objectionable Material:
You agree not to upload or display any User Content portraying explicit nudity, adult content, or content that is unacceptable for viewing by minors. We reserve the right to delete any User Content deemed unsuitable or cancel the User Account and corresponding Services.
User Content Responsibility:
You are solely responsible for all of your User Content. We may, but are not obligated to, review and delete or remove any User Content at our sole discretion. You agree to bear all risks associated with the use of any User Content and to comply with any local laws regarding online conduct and acceptable content.
Third Party Sources and Content:
Our Services may include links to other websites, social accounts, SMS, emails, and other content belonging to or originating from third parties. We are not responsible for any third-party content accessed through the Service or available on the Services. You acknowledge and agree that our terms and policies do not govern third-party sources, and you should review the applicable terms and policies of any third-party site you navigate to from the Service. HappyHour Services Inc. may make arrangements with third-party providers to provide products or services in connection with the Services. We disclaim all responsibility and liability for third-party products or content and their access to the Services.
13. Service Modifications
- Right to Modify: Pilot reserves the right to update or modify the Service and these Terms at any time and without warning.
14. Force Majeure
HappyHour Services Inc. is not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including, but not limited to, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, internet service disruptions, or any other event that constitutes a force majeure event. In the event of a force majeure:
- We will attempt to notify affected users as soon as possible.
- We may suspend or terminate the affected bookings without liability.
- Users may be entitled to a refund or rescheduling of the affected bookings, subject to the policies of the service providers. Pilot is not liable for these refunds should they occur.
15. Travel Insurance
We strongly recommend that users purchase travel insurance to cover potential issues during their travels, including trip cancellations, medical emergencies, and lost luggage.
16. Compliance with International Sanctions and Ethical Standards
Sanctions and Compliance You agree to comply with all applicable laws and regulations, including, but not limited to, international trade sanctions, anti-bribery, and corruption prevention laws, and policies against human trafficking. By using our Service, you represent and warrant that you are not subject to any trade restrictions, sanctions, or other legal restrictions imposed by any government, international organization, or other competent authority. You must not use the Services to export or re-export any software or technical data in violation of any applicable laws, including, without limitation, the laws of the United States or Canada.
Bribery and Corruption You shall not, directly or indirectly, offer, pay, solicit, or accept any bribes or other improper payments or engage in any form of bribery, corruption, or fraudulent behavior. Any violation of this clause will result in immediate termination of your account and may be reported to the relevant authorities.
Human Trafficking You must not engage in, or benefit from, any form of human trafficking or exploitation. We are committed to supporting international efforts to prevent human trafficking and will cooperate with law enforcement agencies to address any such activities.
17. Sustainability and Ethical Commitments
Corporate Sustainability We are committed to sustainable practices and expect our users to support these efforts. This includes minimizing waste, conserving energy and resources, and supporting environmentally friendly initiatives during your travels.
Child Exploitation Prevention We have a zero-tolerance policy for child exploitation and abuse. Users must not engage in any activities that involve the exploitation or abuse of children. Any such activities will be reported to the appropriate authorities, and the user's account will be immediately terminated.
Human Rights We are committed to upholding human rights as outlined in international standards such as the Universal Declaration of Human Rights. Users must respect the rights of others and avoid any actions that would infringe on the human rights of individuals encountered during their travels.
18. Indemnification and Liability
Indemnification You agree to indemnify, defend, and hold harmless HappyHour Services Inc., its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or related to:
- Your use of the Service.
- Any User Content you submit, post, or transmit through the Service.
- Your violation of these Terms of Service.
- Your violation of any rights of another.
- Your breach of any applicable laws, regulations, or agreements.
Liability Limitation To the maximum extent permitted by applicable law, HappyHour Services Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Service.
- Any conduct or content of any third party on the Service.
- Any content obtained from the Service.
- Unauthorized access, use, or alteration of your transmissions or content. In no event shall HappyHour Services Inc.'s total liability to you for all claims arising out of or relating to these Terms or the Service exceed the amount paid by you, if any, to HappyHour Services Inc. for the Service during the twelve months prior to the date the cause of action arose.
19. Assignment
You may not assign or transfer any rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, including, but not limited to, in connection with a merger, acquisition, sale of assets, or by operation of law.
20. Confidentiality and Data Protection
We are committed to protecting your privacy. Our data protection practices are governed by applicable data protection laws, including the GDPR and CCPA. We collect, process, and store personal data only for legitimate purposes and in accordance with user consent. Users can view our comprehensive Privacy Policy at https://www.pilotplans.com/legal/privacy-policy. This policy outlines the types of data we collect, how we use it, how we protect it, and the rights users have regarding their data, including access, correction, deletion, and objection.
21. Ratings, Reviews and Opinions
Within a certain timeframe after completing a booking, users and vendors may leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Pilot. Ratings and Reviews are not verified by Pilot for accuracy and may be incorrect or misleading, and may be sourced from across the web, not created by actual users of Pilot itself. Additionally, the display of Travel Providers and Services through our Service is not an endorsement or recommendation of such Travel Services by Pilot. Pilot, and our Partners disclaim, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us or our Partners are free of viruses or other harmful components.
Ratings and Reviews left by users and vendors via Pilot must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to and must comply with our content policies listed above.
Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on Pilot’s platforms (such as Listing pages) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
22. General Practices Regarding Use and Storage
We may establish general practices and limits concerning the use of the Services, including, without limitation, the maximum number of days that User Content will be retained by the Services, the maximum number of User Content that may be transmitted, posted, shared, used, copied, or otherwise made available on the Services (whether per User Account or globally), the maximum size of any User Content, the maximum disk space that will be allotted on the Service servers on any User's behalf, and the maximum number of times (and the maximum duration for which) any User may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content and other communications or Content maintained or transmitted by the Services. You acknowledge that we reserve the right to log off or otherwise disconnect any User Account that is inactive for an extended period of time at our sole discretion.
23. Data-Backed Claims
While we strive to ensure the accuracy of data and claims presented on our platform, we make no guarantees regarding the completeness or accuracy of such data. Users should independently verify any data-backed claims before relying on them. We are not liable for any decisions made based on data-backed claims presented through our Services.
24. Third-Party Code and Permissions
Our Services may include third-party code and libraries that are subject to open source licenses. By installing our mobile or web applications, you grant us permission to access certain functions of your device, including but not limited to location services, camera, and storage, to provide the Services. You can manage these permissions through your device settings. We are not responsible for the functionality or content of any third-party code or services.
25. Supplemental Services and Partnerships
Our Services may include supplemental services and partnerships with third-party providers. We may facilitate your interactions with these third-party providers but are not responsible for their actions, services, or content. Any agreements or transactions between you and third-party providers are solely between you and the respective provider. We disclaim any liability arising from your use of supplemental services or partnerships facilitated through our platform.
26. Compliance with Local Laws
Users are responsible for complying with all local laws and regulations of their travel destinations, including but not limited to visa requirements, health regulations, and other legal requirements.
27. Dispute Resolution
Disputes between users and Pilot will be handled through arbitration in British Columbia, Canada, under the rules of the Canadian Arbitration Association. Users agree to resolve disputes on an individual basis and waive the right to participate in class actions.
28. Opt-Out Options
Users have the option to opt-out of data sharing and targeted advertising by emailing us at crew@pilotplans.com. This process may require the user to delete their account.
29. Local Taxes
Users are liable for any local taxes due at the destination if not already covered in their purchase with us. Travel Provider Suppliers bill Pilot with any taxes included, and the price billed to users will include taxes required to be paid to us for processing the booking. Where possible and applicable, tax details will be provided on the purchase pages before bookings or other purchases are made.
30. Contact Information
For any questions or concerns, please contact us at crew@pilotplans.com.